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Jury finds Fulgham guilty of first-degree murder

Josh Fulgham enters the courtroom after the luch break Thursday as his defense attorney prepared to present their closing arguments Thursday afternoon to the jurors in Fulgham's murder trial in Judge Brian Lambert's courtroom. He faces the death penalty for being accused of murdering his wife in 2009. Authorities believe that he and Emilia Carr lured Heather Strong, Fulgham's 26-year-old wife, to a storage trailer in a small town north of McIntosh. Officials say the couple tied her to a chair and suffocated her by tying a plastic bag over her head. They are accused of burying the body in a shallow grave behind the trailer.

Doug Engle/ Ocala Star-Banner

By Vishal PersaudStaff writer

Published: Thursday, April 12, 2012 at 8:16 p.m.

Last Modified: Thursday, April 12, 2012 at 8:16 p.m.

Jurors decided on Thursday that Joshua Fulgham was guilty of first-degree murder and kidnapping, after they heard extensive evidence and testimony of his role in the killing of his estranged wife, Heather Strong.

He now faces the death penalty

Fulgham, 30, was charged with first-degree murder and kidnapping for his role in connection with the murder that prosecutors believe occurred on the night of Feb. 15, 2009. It took the jury less than two hours to render its verdict.

The trial now moves into a penalty phase, where Fulgham's defense team will try to spare him a death sentence by presumably presenting mitigating evidence.

While the ultimate decision rests with Circuit Judge Brian Lambert, the 12-member jury also must make a sentencing recommendation of death or life in prison, which Lambert would rely heavily upon in making his decision.

The last man in a Marion County court to be sentenced to Florida's death row was when Lambert sentenced Renaldo McGirth to death in 2008 for the murder of a woman in The Villages.

In five days of detailed testimony and evidence, a jury heard about the tumultuous relationship between Fulgham and his estranged wife. But it was Fulgham who voluntarily — without the presence of a lawyer — divulged to investigators from the Marion County Sheriff's Office the details of the murder and his role in the killing. Investigators had hours of video recordings of Fulgham, which were played for the jury during the trial.

"This is like a horror movie," Assistant State Attorney Rock Hooker said during his closing argument Thursday morning.

Hooker delivered an hour-long closing argument in which he outlined how Fulgham committed the murder.

Hooker argued that Fulgham was upset that his estranged wife had sexual relationships with other men and endangered the lives of their two children during their volatile 11-year relationship.

About a week after they were married in December 2008, Strong alleged that Fulgham pointed a shotgun at her, and Fulgham ultimately spent 31 days in jail as a result.

That's when prosecutors believe he and his former girlfriend, Emilia Carr, hatched a plan to murder Strong.

Carr, Fulgham's co-defendant, in 2011 became the second woman tried in a Marion County court to be sentenced to Florida's death row.

Hooker argued that, in recorded conversations between Fulgham and Carr while he was in jail, Fulgham made statements that made it clear that he was planning to kill Strong with Carr's help.

Hooker argued that, nine days after Fulgham's release from jail, he and Carr carried out a plan to murder Strong so that Fulgham could get custody of the couple's two children. It was clear Fulgham didn't want anything to do with his wife but was concerned for the safety of his children, Hooker said.

Fulgham lured Strong to an abandoned mobile home behind Carr's home in Boardman, under the premise they were going to steal some money, the prosecution said. But Hooker argued that Fulgham and Carr had other intentions — they wanted Strong out of the picture entirely.

In a video recording of Fulgham's interview with investigators played in court on Wednesday, Fulgham detailed how the killing happened.

According to prosecutors, once inside the mobile home, Carr hit Strong with a flashlight and Fulgham grabbed and held her down in a computer chair. Carr then duct-taped her torso and arms to the chair, while Fulgham duct-taped her legs.

Prosecutors said Carr then duct-taped a yellow plastic bag around Strong's head and Fulgham sat in his wife's lap to hold her down while Carr suffocated her.

In the video, Fulgham recalled that Carr had her arm around Strong's neck, trying to break it. But when that failed, Carr clasped her nostrils shut until Strong took her last breath, Fulgham said.

"This was not a death like a gunshot wound to the head or a sword to the heart. This was a process of killing," Hooker said to the jury during his closing argument.

It was during those brief moments while duct-taping Strong to the chair and sitting on her lap, the prosecution argued, that Fulgham had the calm, cool reflection that proved it was premeditated murder.

Fulgham's defense team tried to persuade the jury that his decision to take part in the killing was an impetuous decision based on betrayal and jealousy when he found out his wife had had sex with another man.

Tania Alavi, one of Fulgham's defense attorneys, argued that there was no plan to murder Strong. She argued that since Fulgham didn't know where to bury the body after the killing was an indication that he hadn't planned anything. Alavi argued that Fulgham was guilty of lesser charges.

"He is guilty of second-degree murder. He is guilty of false imprisonment," she said.

The penalty phase of the trial is scheduled to begin next Tuesday.

Contact Vishal Persaud at 867-4065, at vishal.persaud@starbanner.com or on Twitter @vishalpersaud.

<p>Jurors decided on Thursday that Joshua Fulgham was guilty of first-degree murder and kidnapping, after they heard extensive evidence and testimony of his role in the killing of his estranged wife, Heather Strong.</p><p>He now faces the death penalty</p><p>Fulgham, 30, was charged with first-degree murder and kidnapping for his role in connection with the murder that prosecutors believe occurred on the night of Feb. 15, 2009. It took the jury less than two hours to render its verdict.</p><p>The trial now moves into a penalty phase, where Fulgham's defense team will try to spare him a death sentence by presumably presenting mitigating evidence.</p><p>While the ultimate decision rests with Circuit Judge Brian Lambert, the 12-member jury also must make a sentencing recommendation of death or life in prison, which Lambert would rely heavily upon in making his decision.</p><p>The last man in a Marion County court to be sentenced to Florida's death row was when Lambert sentenced Renaldo McGirth to death in 2008 for the murder of a woman in The Villages.</p><p>In five days of detailed testimony and evidence, a jury heard about the tumultuous relationship between Fulgham and his estranged wife. But it was Fulgham who voluntarily — without the presence of a lawyer — divulged to investigators from the Marion County Sheriff's Office the details of the murder and his role in the killing. Investigators had hours of video recordings of Fulgham, which were played for the jury during the trial.</p><p>"This is like a horror movie," Assistant State Attorney Rock Hooker said during his closing argument Thursday morning.</p><p>Hooker delivered an hour-long closing argument in which he outlined how Fulgham committed the murder.</p><p>Hooker argued that Fulgham was upset that his estranged wife had sexual relationships with other men and endangered the lives of their two children during their volatile 11-year relationship.</p><p>About a week after they were married in December 2008, Strong alleged that Fulgham pointed a shotgun at her, and Fulgham ultimately spent 31 days in jail as a result.</p><p>That's when prosecutors believe he and his former girlfriend, Emilia Carr, hatched a plan to murder Strong.</p><p>Carr, Fulgham's co-defendant, in 2011 became the second woman tried in a Marion County court to be sentenced to Florida's death row.</p><p>Hooker argued that, in recorded conversations between Fulgham and Carr while he was in jail, Fulgham made statements that made it clear that he was planning to kill Strong with Carr's help.</p><p>Hooker argued that, nine days after Fulgham's release from jail, he and Carr carried out a plan to murder Strong so that Fulgham could get custody of the couple's two children. It was clear Fulgham didn't want anything to do with his wife but was concerned for the safety of his children, Hooker said.</p><p>Fulgham lured Strong to an abandoned mobile home behind Carr's home in Boardman, under the premise they were going to steal some money, the prosecution said. But Hooker argued that Fulgham and Carr had other intentions — they wanted Strong out of the picture entirely.</p><p>In a video recording of Fulgham's interview with investigators played in court on Wednesday, Fulgham detailed how the killing happened.</p><p>According to prosecutors, once inside the mobile home, Carr hit Strong with a flashlight and Fulgham grabbed and held her down in a computer chair. Carr then duct-taped her torso and arms to the chair, while Fulgham duct-taped her legs.</p><p>Prosecutors said Carr then duct-taped a yellow plastic bag around Strong's head and Fulgham sat in his wife's lap to hold her down while Carr suffocated her.</p><p>In the video, Fulgham recalled that Carr had her arm around Strong's neck, trying to break it. But when that failed, Carr clasped her nostrils shut until Strong took her last breath, Fulgham said.</p><p>"This was not a death like a gunshot wound to the head or a sword to the heart. This was a process of killing," Hooker said to the jury during his closing argument.</p><p>It was during those brief moments while duct-taping Strong to the chair and sitting on her lap, the prosecution argued, that Fulgham had the calm, cool reflection that proved it was premeditated murder.</p><p>Fulgham's defense team tried to persuade the jury that his decision to take part in the killing was an impetuous decision based on betrayal and jealousy when he found out his wife had had sex with another man.</p><p>Tania Alavi, one of Fulgham's defense attorneys, argued that there was no plan to murder Strong. She argued that since Fulgham didn't know where to bury the body after the killing was an indication that he hadn't planned anything. Alavi argued that Fulgham was guilty of lesser charges.</p><p>"He is guilty of second-degree murder. He is guilty of false imprisonment," she said.</p><p>The penalty phase of the trial is scheduled to begin next Tuesday.</p><p><i>Contact Vishal Persaud at 867-4065, at vishal.persaud@starbanner.com or on Twitter @vishalpersaud.</i></p>